Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Whatsuite platform, websites, mobile apps, APIs and related services (together, the "Service"). By creating an account, starting a trial or using the Service, you agree to these Terms on behalf of yourself and the organisation you represent ("Customer", "you"). These Terms are a contract between you and Outhentica Global (Private) Limited.

1. Who we are

The Service is provided by Outhentica Global (Private) Limited, a private limited company registered in Pakistan, which owns and operates Whatsuite and trades under that name ("Whatsuite", "we", "us").

• Registered office: Site 105, 1st Floor, PECHS Community Hall & Office Complex, Block-2, Karachi, Sindh 75400, Pakistan
• Phone: +1 425 541 4212
• Email: info@whatsuite.io (general), legal@whatsuite.io (legal notices)

2. Eligibility and accounts

1. You must be at least 18 years old and able to enter into a binding contract.
2. You must provide accurate account information and keep it up to date.
3. You are responsible for all activity under your account, including the actions of users you invite.
4. Keep your login details and API keys secure, and tell us promptly if you suspect unauthorised access.

3. Trials

We may offer a free trial, currently 7 days, without a payment card. Trial features and limits may differ from paid plans. At the end of the trial, your workspace may be paused until you choose a plan. We may end or change trials at any time.

4. Plans, fees and payment

1. Subscription fees. Plans (for example Growth, Pro and Business) are billed monthly or annually in advance, as shown at checkout or in your order form.
2. Usage charges. Message charges set by Meta and other channel providers, AI credits, voice minutes and add-ons are billed in addition to the subscription, at the rates in our rate card or order form.
3. Taxes. Fees exclude taxes, which you are responsible for unless we are required to collect them.
4. Late payment. If payment fails, we may suspend paid features after reasonable notice.
5. Changes. We may change prices with at least 30 days' notice. Changes apply from your next billing period.
6. Refunds. Fees are non-refundable except where required by law or stated in these Terms.

5. Third-party channels

The Service connects to third-party platforms such as WhatsApp, Instagram, Messenger, TikTok, telecom carriers and integration partners ("Channels").

1. Your use of each Channel is also subject to that Channel's terms and policies, including the WhatsApp Business Terms of Service, WhatsApp Business Messaging Policy and Commerce Policy.
2. Channels may change their features, pricing, availability or policies at any time. We are not responsible for those changes or for a Channel's decision to restrict or suspend your account.
3. Your WhatsApp Business Account, phone numbers and quality ratings belong to your business portfolio with Meta.
4. When you connect an account through Meta's sign-up flow, you authorise us to access and manage the assets you select, through Meta's APIs and only to provide the Service. You can remove our access at any time by disconnecting the channel in Whatsuite or removing Whatsuite in Meta Business Settings. Our Privacy Policy explains what data we receive.

6. Your responsibilities

You agree to:

1. Obtain and record valid opt-in consent before sending business-initiated messages, and honour opt-outs promptly.
2. Comply with all applicable laws, including privacy, consumer protection, marketing, telecommunications and export laws.
3. Comply with our Acceptable Use Policy.
4. Provide any notices required to people you communicate with, including notice of call recording where required.
5. Not send sensitive data, such as health, financial or government identifiers, through templates or Channels unless permitted by law and by your agreement with us.

7. Customer data

1. Ownership. You keep all rights in the data you and your contacts submit to the Service ("Customer Data").
2. Licence to us. You grant us a limited licence to host, process and transmit Customer Data only to provide, secure and improve the Service and as described in our Data Processing Addendum ("DPA").
3. Processing. Where we process personal data on your behalf, the DPA applies and forms part of these Terms.
4. AI features. We do not use Customer Data to train third-party foundation models. AI features process Customer Data only to deliver the feature you use.

8. Our responsibilities

We will:

1. Provide the Service in line with these Terms and the documentation.
2. Use reasonable technical and organisational measures to protect Customer Data, as described in the DPA.
3. Provide support according to your plan.

9. Intellectual property

We own the Service, including its software, design and documentation. We grant you a non-exclusive, non-transferable right to use the Service during your subscription. You must not copy, modify, reverse engineer or resell the Service except as allowed by law or by written agreement. If you send us feedback, we may use it without obligation.

10. Beta and AI features

Some features may be marked beta, preview or experimental. They are provided as is and may change or be withdrawn. AI-generated content can be inaccurate. You are responsible for reviewing AI output and for the actions you approve.

11. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed or lawfully received from someone else.

12. Suspension

We may suspend access, in whole or in part, if:

1. You breach these Terms or the Acceptable Use Policy.
2. Your use poses a security risk or may harm the Service, other customers or a Channel.
3. Payment is overdue after notice.
4. A Channel or authority requires it.

We will give notice where reasonably possible and restore access once the issue is resolved.

13. Term and termination

1. These Terms apply for as long as you use the Service.
2. You may cancel at any time. Cancellation takes effect at the end of the current billing period.
3. Either party may terminate for material breach not cured within 30 days of notice.
4. After termination, you may export Customer Data for 30 days. We then delete it as described in the DPA, unless the law requires us to keep it.

14. Warranties and disclaimers

We warrant that the Service will perform materially as described in the documentation. Otherwise, to the extent permitted by law, the Service is provided "as is", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee message delivery, which depends on Channels and recipients.

15. Limitation of liability

To the extent permitted by law:

1. Neither party is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data.
2. Each party's total liability under these Terms is limited to the fees you paid for the Service in the 12 months before the claim.
3. These limits do not apply to your payment obligations, breaches of the Acceptable Use Policy, or liability that cannot be limited by law.

16. Indemnity

You will defend and indemnify Outhentica Global (Private) Limited against claims arising from your Customer Data, your messages, or your breach of these Terms, Channel policies or applicable law.

17. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Service. If you continue to use the Service after changes take effect, the updated Terms apply.

18. General

1. Governing law. These Terms are governed by the laws of Pakistan, and the courts at Karachi have exclusive jurisdiction, unless your order form says otherwise. This does not take away rights you have under mandatory consumer law where you live.
2. Assignment. You may not assign these Terms without our consent, except to a successor of your business.
3. Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
4. Entire agreement. These Terms, the DPA, the Acceptable Use Policy and any order form are the entire agreement between us.
5. Severability. If any provision is unenforceable, the rest remain in effect.

19. Contact

Questions about these Terms: legal@whatsuite.io, or by post to Outhentica Global (Private) Limited, Site 105, 1st Floor, PECHS Community Hall & Office Complex, Block-2, Karachi, Sindh 75400, Pakistan.